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RESOLUTION URGING THE UNITED STATES CONGRESS TO ENACT LEGISLATION RAISING THE FEDERAL MINIMUM WAGE FOR TIPPED EMPLOYEES

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WHEREAS, since 1966, a separate provision of the minimum wage law has existed for people who work for gratuities, known generally as tipped employees; and
WHEREAS, tipped employees commonly work in service industries such as restaurants, hotels, nail salons, and car washes; and
WHEREAS, pursuant to the Fair Labor Standards Act, 29 U.S.C. � 201 et seq., (hereinafter, �FLSA�), the federal minimum wage is $7.25 per hour; and
WHEREAS, under the FLSA, an employer of a tipped employee is only required to pay $2.13 an hour in direct wages if that amount plus the tips received equals at least the federal minimum wage, the employee retains all tips and the employee customarily and regularly receives more than $30 a month in tips; and
WHEREAS, the federal minimum wage for tipped employees has remained at $2.13 per hour since 1991, even as the general federal minimum wage continued to rise; and
WHEREAS, the minimum wage in nineteen states, including Florida, is higher than the federal minimum wage, for both tipped and non-tipped employees; and
WHEREAS, pursuant to article X, section 24 of the Florida Constitution and section 448.110, Florida Statutes, the minimum wage in Florida as of January 1, 2013 is $7.79 per hour, and $4.77 per hour for tipped employees; and
WHEREAS, pursuant to article X, section 24 of the Florida Constitution and section 448.110, Florida Statutes, the Florida minimum wage is automatically increased each year to track the rate of inflation; and
WHEREAS, nine other states have minimum wages that track the rate of inflation; and
WHEREAS, during difficult economic times, it�s often tipped employees who struggle the most, due to fewer customers and smaller tips from existing customers; and
WHEREAS, more than 70 percent of tipped employees are women; and
WHEREAS, while employers are supposed to ensure that consumer tips bring every employee to the overall minimum wage every hour that they work, data from the Restaurant Opportunities Centers United indicates that this rarely happens; and
WHEREAS, this Board would like to express its support for federal legislation raising the minimum wage for tipped employees,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the United States Congress to enact legislation raising the federal minimum wage for tipped employees.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Florida Congressional Delegation.
Section 3. Directs the County�s federal lobbyists to advocate for the legislation set forth in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2013 Federal Legislative Package to include this item and to include this item in the 2014 Federal Legislative Package when it is presented to the Board.